DWI Directory

DUI arrest 7/21/02 :


OUIL

Michigan Drunk Driving Defense Lawyer | OUIL DUI DWI OWI MIP Defense Law Attorney | Michigan 14 Day Limitation Get Help Now! Greater Detroit Area " Greater Detroit Area Greater Detroit Area "Patrick T. Barone Site Navigation Return Home DUI Defenses DUI Sample Cases DUI Attorney Info DUI Resources DUI Courts Info DUI Driver License DUI Links Thank you for a better than expected outcome on the 2 cases you handled for me. You did a outstanding job, handling every aspect of the cases in a professional and highly confident manner. I would recommend you to others in need of legal help. -DH Michigan 14 Day Limitation! WARNING! If you refused to take a breath, blood or urine test after being arrested for OWI/OWVI or another drinking related charge in Michigan, your license may be at risk of being suspended if you do not take appropriate action to demand an administrative hearing within 14 days after your arrest. Contact our office immediately to protect your license. IMPLIED CONSENT / REFUSAL TO TAKE CHEMICAL TEST A driver arrested for drunk driving or in the language of the statute "one of the enumerated offenses" (see below), who refuses to take the chemical test offered by the police will have his or her license confiscated and destroyed, and will be issued a paper license. This temporary license indicates on it face that the driver has allegedly refused such a test, and also sets forth the driver's appellate rights. This notice also includes the statement that a hearing must be requested within 14 days of the date of the arrest. You can file the request for a hearing yourself or contact our office and we can prepare and file the request and appear at the hearing for you. Once you file the request the Driver License Appeal Division (DLAD) will notify you of a hearing date at which time you and/or your attorney will appear before a hearing officer with the DLAD. The hearing officer will listen to the arresting officer's testimony and to your testimony, then decide whether or not your license will be suspended.A failure to request the hearing will automatically result in a one or two year suspension, depending on your record. Six points will also be added to your driving record. At the hearing you may only contest one or all of the following issues: Did the police officer have reasonable grounds to believe you committed a crime listed in MCLA 257.625c(1)? (includes OWI, OWVI, OWI/OWVI causing death or serious impairment, or minor blood alcohol content (BAC), also known as zero tolerance). Were you placed under arrest for one of these crimes (see above). Did you reasonably refuse to submit to the test offered by the police. Were you advised of your rights. If you are successful at the DLAD hearing, then your license will not be suspended, and no points will be added to your driving record (unless and until you are convicted of the underlying drinking related offense). If you are not successful you will lose your license. Under this scenario, you may file an appeal of the hearing officer's findings with the Circuit Court, and even if the Circuit Court Judge does not reverse the hearing officer's findings, he/she may still order that you be given restricted driving privileges. IF YOU LOSE THE IMPLIED CONSENT HEARING THIS CIRCUIT COURT PETITION/APPEAL IS THE ONLY WAY YOU CAN GET RESTRICTED DRIVING PRIVILEGES. FILING AN "APPEAL" (REQUEST FOR HEARING) A timely appeal or request for hearing must be made within 14 days. According to DLAD rule 257.302 the request for hearing must be in writing and include all of the following information: your full name, home and mailing address, telephone number, date of birth and driver license number and be filed with the division in Lansing (see address below). The written request may be sent by regular mail, but it is your responsibility to make sure it is properly postmarked. The best practice is to send it by registered mail, with a return receipt requested. The hearing request may also be filed by fax or hand delivered. The Lansing address is: Driver License Appeal Division Michigan Department of State P.O. Box 30196 Lansing, MI 48909-7696 Return Home



deseretnews.com | Man faces charges in 13th DUI arrest Thursday, September 19, 2002 DUI Utah 11/30/04 : DUI decline nets award 6/14/04 : Salt Lake court aims to cut DUIs 3/28/04 : Wasted youth 3/23/04 : 'He's drunk, and he's driving real bad!' 2/22/04 : Is this justice? 1/6/04 : Parole is final blow to family 12/31/03 : Deaths fuel a desire to swear off drinking 12/21/03 : Police sweeping DUIs off streets 11/19/03 : Legislators mull 2 DUI measures 10/16/03 : Curse of DUI tough to curb 8/7/03 : Guidebook offers DUI punishment options 7/29/03 : Man with 21 DUIs heading to prison 7/19/03 : Preventable drug tragedy mourned 5/27/03 : Utah DUI deaths fall — maybe 5/17/03 : Paulinha, far from home 3/17/03 : DUI records still vanishing 2/15/03 : Tough DUI bill advances in House 2/14/03 : HBO show to feature probe into deaths of 2 Murray men 1/24/03 : Budget cuts could release DUI offenders 1/2/03 : Cuts may doom DUI squad 12/28/02 : Beer-tax $$ up, but DUI patrols down 12/18/02 : Utah braking DUI deaths 11/21/02 : MADD downgrades Utah 11/20/02 : Proposed law would spotlight DUI history 11/19/02 : DUI death nets a prison term 10/24/02 : Fine for 2nd DUI offense may rise 10/21/02 : DUI homicide results in prison term Man faces charges in 13th DUI arrest 7/21/02 : Bar owners feeling sting of DUI laws 7/9/02 : Utah's lawmakers pass DUI measure unanimously 7/8/02 : Session targets holes in DUI laws 6/21/02 : DUI tragedy taking heavy toll 20 years later 6/20/02 : Lawmakers to tackle DUI-offender database bill 5/24/02 : Criticism of courts called unfair 5/23/02 : Courts to blame for DUIs? 5/12/02 : Family fumes over DUI case 3/23/02 : Huge hole in new DUI law 3/7/02 : 8 measures win approval in the battle against DUI 1/26/02 : Anti-DUI funds shrinking 1/20/02 : Rita Lujan's unfinished business 1/6/02 : State wants to fight DUI problem but lacks money 12/8/01 : Courts, old laws hamper DUI work 12/5/01 : DUI fatality spurred couple to form group 12/4/01 : Key DUI data may be added to driver records 12/3/01 : Boost spending in DUI fight, Utahns say 12/2/01 : Lax on DUI? 10/21/01 : DUI death toll in Utah jumps 4% 8/5/01 : A long, winding road to jail 7/22/01 : 5% of Utah drivers have a DUI arrest 2/18/01 : How did history of DUIs slip through cracks? 2/1/01 : New tactics against DUIs offer glimmer of hope 1/31/01 : Gross inconsistencies fuel reform in sentencing 1/30/01 : Prosecuting DUIs is complex process 1/29/01 : Few DUI cases in Utah ever go to court 1/28/01 : Drunken driving leaves trail of heartbreak, few penalties Man faces charges in 13th DUI arrest By Pat Reavy and Lucinda Dillon Kinkead Deseret News staff writers A man with a lengthy history of DUI arrests has turned himself in to face charges in his 13th drunken-driving incident. Christopher Dee Duran, 42, was booked into the Salt Lake County Jail shortly after 8 p.m. Wednesday. He was wanted on a $250,000 arrest warrant, issued shortly after he was charged Tuesday with driving under the influence, driving on a suspended license and having an open container in a vehicle. Christopher Duran He is scheduled to be arraigned on the charges Friday morning in 3rd District Court. Because of his prior convictions, the DUI charge against Duran is a third-degree felony rather than the traditional misdemeanor. South Jordan police arrested Duran Sept. 12. The arrest report and Duran's DUI history eventually made its way to the desk of Assistant Police Chief Dan Pearson, who said he couldn't believe what he saw. "What does it take to get someone from out behind the wheel?" an astounded Pearson asked. "He's a walking death sentence for someone. It really makes you wonder what can be done to stop him." Duran was arrested after police found him passed out at the wheel of his vehicle, which was stopped near 10900 South and 3200 West at 2 p.m. with one tire on the curb, according to court documents. The officer who awakened Duran noticed a smell of alcohol, slurred speech and poor balance, court documents state. Duran allegedly failed field sobriety tests, and a breath test registered a .248 blood-alcohol level, three times the legal limit. South Jordan police allowed Duran to be released pending court proceedings on a $15,000 bond. If police had been aware of Duran's prior arrest, the warrant would have been much higher than $15,000, South Jordan Sgt. Dan Starks said. Just days prior to that arrest on Sept. 4, Riverton police also arrested Duran for DUI. As in South Jordan, he was released on bond pending further proceedings. He has not yet been charged with that offense. Ironically, the Riverton arrest — Duran's 12th offense — came one day after Duran told a judge he had successfully completed an alcohol-treatment program. Duran appeared in Riverton Justice Court on Sept. 3 on an October 2000 drunken-driving charge. He was brought back to court because he had failed to fulfill the terms of his December 2000 sentence in that case, a Riverton court clerk said Wednesday. At the time of his sentencing in that case, Duran was in jail on other charges. A Riverton judge allowed that time to count toward the mandatory two-day jail sentence. Duran was also ordered to pay an $1,800 fine and attend alcohol treatment classes upon his release. Nearly two years after the imposition of the sentence, Duran reportedly told Riverton Justice Court Judge Darla Serassio he had completed the program. Serassio directed Duran to provide her with a completion certificate, which he has so far failed to do. It is unclear whether Duran's extensive DUI history was considered before charging and sentencing in Riverton. Tucker Hansen, a contract city prosecutor for Riverton who handled the case, was unavailable to comment — as was Riverton's Serassio. Curbing repeat DUI offenders has been much discussed in recent months as grave problems with the state's ability to track, sentence and treat repeat drunken drivers has come under media and legislative scrutiny. "This is the kind of thing that has been a frustration to prosecutors, to the Legislature and everybody who has tried to solve this problem," said Rep. Lamont Tyler, R-Salt Lake City. In July's special session of the Legislature, Tyler sponsored a bill aimed at the complex problem of tracking offenses. Tyler's legislation requires all justice courts, run by cities and counties, to collect and report the same DUI data currently collected by state courts. It also establishes a single, statewide database within the Utah Department of Public Safety where DUI records and data are stored, and creates accountability by requiring the Commission on Criminal and Juvenile Justice to prepare an annual DUI report based on information received from the courts. "The new requirements for electronic reporting should make it possible for all of the justice courts to have the information they need to prevent this kind of thing," Tyler said. According to a Deseret News review of court records, Duran's first DUI arrest came in South Salt Lake in 1988. During the 1990s, he was arrested seven times for investigation of driving under the influence. The arrests came from several jurisdictions including Murray, Salt Lake County, Beaver, Bountiful and Sandy. In December 1999, Duran was convicted of DUI after causing an injury accident in Murray. Detective Rob Hall said Duran rear-ended a vehicle, which was then pushed into the bumper of another vehicle. Duran got out of his car and tried to run away from the scene but was chased down by officers, Hall said. In addition to his DUI convictions, Duran was arrested for investigation of having an open container in a vehicle in May 1994 and January 1997, intoxication in May 1994 and disorderly conduct in November 1995. Contributing: Angie Welling E-MAIL: preavy@desnews.com ; lucy@desnews.com World & Nation + Utah + Sports + Business + Opinion + Front Page © 2006 Deseret News Publishing Company



driving under influence ofalcohol

Driving Under the Influence of Drugs: An Increasing Problem Sign the Resolution Contents | Feedback | Search DRCNet Home | Join DRCNet DRCNet Library | SchafferLibrary | Drugs and Driving Driving Under the Influence of Drugs: An Increasing Problem J. Mrland, K-M. Beylich, A. Bjrneboe, A. S. Christophersen National Institute of Forensic Toxicology, P.O. Box 9934, Ila 0132, Oslo, Norway ABSTRACT The Norwegian road traffic act prohibits driving under the influence of alcohol (A)and/or other psychoactive drugs (PD). In practice police officers refer the suspecteddriver to blood sampling without or with a clinical examination depending on suspicion ofA or PD involvement, respectively. All blood samples are analyzed at one nationalinstitute. In PD cases written expert witness statements are accompanying the result ofthe clinical examination and blood concentration determinations, which together give thebasis for sentences by the courts in a large percentage of the positive cases. A dramatic change has been observed over the last 10 years with respect to A- andPD-cases. A-cases have declined from about 10 500 in 1983 to 5 500 in 1993, while PD-caseshave increased from 800 to 3000 during the same period. In 1993 52% of the A-cases had BACs between 0,05 and 0,15 per cent, and 41% higher than0,15 per cent. 63% of the PD-cases contained PD, most often THC, amphetamine andbenzodiazepines, the latter often in combination with other drugs or in highconcentrations, 26% had BACs between 0,05 and 0,15 per cent, and 17% higher than 0,15 percent. Additional analyses for PD in all A-samples during two months revealed such drugs inapproximately 15% of the cases. Combination of our data gave the total picture in thewhole national sample of drivers apprehended under the suspicion of drunken or druggeddriving: A only (above 0,05 per cent) 51%, PD only 18%, A+PD 14% and 18% contained neitherA nor PD. PD were present in 39% of cases with positive analytical results. This studyappears to be the first conducted on a total national material focusing on PD and revealeda high prevalence of drugged driving. INTRODUCTION The Norwegian road traffic act prohibits driving under the influence of alcohol and/orother psychoactive drugs. Per year approximately 8000 - 9000 drivers are apprehended bythe police on the suspicion of either drunk or drugged driving. In all these cases a bloodsample is taken shortly after the apprehension, and this sample is subsequently analyzedby a single national institute. The analysis for foreign substances is directed by therequest from the police. The samples are routinely stored for more than one year. They cantherefore be screened for other drugs than originally asked for retrospectively, in asystematic manner. This was done in the present study with all samples arriving during twomonths of 1993. The aim of this study was to find the prevalence of alcohol and/or otherdrugs in drivers as a group being suspected for influenced driving regardless of theprimary suspicion of the cause of their influence. MATERIALS AND METHODS Design The material consisted of the routine samples (10-20 ml whole blood in Therumo venojecttubes) sent to the National Institute of Forensic Toxicology (NIFT) from roadside trafficcases in the months February and September 1993. These were ordinary samples taken on therequest by the police on the suspicion of influenced driving. The reason for the suspicionwas seldomly given in the police documents, but was from other studies known to bestrange, reckless, dangerous driving or involvement in accidents in the majority of cases.In total the institute received 1197 blood samples from drivers suspected of driving underthe influence during these two months. In 739 cases the primary suspicion was influence ofalcohol, in 458 cases drugs were suspected as the sole or additional cause of influence.When the analytical work required by the police was finished, all samples were analyzedfor the substances indicated below (analytical). This was performed by noting the resultsobtained for those analyses already being performed for the police, anonymizing thesamples, coding the results and then subjecting the samples to analysis for the rest ofthe foreign substances included in this study. Analytical All blood samples were analyzed for alcohol (ethanol) by gaschromatography (GC) and anenzymatic (ADH) method, and screened for the following drugs: benzodiazepines,barbiturates, amphetamines, cocaine, cannabinoids, opiates, other strong analgesics,tricyclic antidepressants, neuroleptics, antihistamines and central muscle relaxants onappropriate immunologic and gas chromatographic methods used by NIFT for routine work.Positive results were confirmed by GC/MS-, HPLC- or GC methods and the substances werequantified versus calibrator samples made from dilutions of the respective pure compoundsin blood bank blood. The results were corrected for losses during analysis by use ofappropriate internal standards. RESULTS The prevalence of positive alcohol and drug findings in the material ispresented in Table 1. Samples with BACs of 0.05% (the lowest legal limit in Norway) orlower were considered as negative in this Table. Table 1 Distribution of Findings of Alcohol and other Psychoactive Drugs in Samples fromDrivers Suspected of Driving Under the Influence n % female (%) male(%) median age (years) Total 1197 100 8 92 29 Alcohol (>0.05%) Only 658 55 7 93 28 Drugs only 196 16 9 91 29 Alcohol and drugs 166 14 5 95 31 Neither alcohol nor drugs 177 15 12 88 29 It is seen from Table 1 that alcohol was found in 69 per cent of the cases, while thecorresponding percentage for psychoactive drugs was 30. The low percentage of women,specially in the group combining alcohol and drugs is notable. The latter group hadaccordingly the highest male percentage and also the highest median age. In Table 2 the distribution of drug findings is presented by BAC level.It is seen that the highest fraction of drug detections was found in alcohol negativesamples. It was also interesting to observe that a substantial percentage of samples withalcohol also contained drugs. This percentage decreased somewhat from 25 to 18, byincreasing BAC. Table 2 Distribution of Cases with Detection of Psychoactive Drugs BAC (%) n (total) n (with drugs) drug positive (in%) 0 259 167 64 0.0-0.05 114 29 25 0.051-0.10 179 39 22 0.101-0.15 220 50 23 >0,15 425 77 18 The cases with positive drug findings are presented in more detail inTable 3. This Table presents the material divided in five main groups, according towhether benzodiazepines, THC, amphetamine, opiates or other drugs had been found,mentioned in falling order of frequency of detection. The Table should be read e.g. forbenzodiazepines that these drugs were detected in 206 samples. In 19 of these 206 samplesonly one single benzodiazepine was found, in 103 cases alcohol was present besidesbenzodiazepine(s), in 23 cases more than one benzodiazepine was found, in 54 cases THC wasfound in addition to benzodiazepine(s) etc. It is seen from Table 3 that the sum of thedetections of the 5 main groups (n=526) exceeds the sum of drug positive cases (n=362).This was because many cases contained more than one drug. The details of these drug-drugcombinations can be read from the subgroups, "with---". For all five main groupsfinding of the main drug alone, was rather the exception than the rule. Amphetamine caseshad the highest frequency of measuring the main drug only (25%). In all groupscombinations of three different drugs were seen, most frequently in benzodiazepine and THCcases. The majority of cases in which only a single drug was found exhibited substantialdrug concentrations. This indicated supratherapeutic doses of medicinal drugs and recentuse of illegal drugs. Finally other medicinal drugs than benzodiazepines were seldomlyfound. The main contribution to "other drugs" was made by psychoactive centralacting muscle relaxants and paracetamol ( acetaminophene). Only one case with aneuroleptic drug was seen, and no cases with antidepressants and antihistamines. Table 3 Drug Detections in Samples Containing Psychoactive Drugs (N=362) Main drug Benzodiazepines THC Amphetamine Opiates Other drugs Total 206 147 81 58 34 Single main drug only 19 33 20 8 11 With BAC>0.05% 103 61 5 21 17 With (other) benzodiaz. 23 54 38 19 11 With THC 54 - 39 13 1 With amphetamine 38 39 - 5 1 With opiate 19 13 5 - 4 With other drug 11 1 1 4 - DISCUSSION This study shows that the main finding in blood samples from subjects being suspectedfor driving under the influence is alcohol, which was found above the legal limit in 69per cent of the samples. More surprising was the detection of psychoactive drugs in 30 percent of the samples from people suspected for influenced driving. Thus in 35 per cent ofsamples where any detection (alcohol, other drugs) was made some psychoactive drug otherthan alcohol was found. There are few published studies available for comparison. In otherstudies drugs have been found in 7 to 30 per cent of blood samples from fatally injureddrivers as reported from some countries ( for references see Gjerde et al, 1993). Forliving drivers who have not been subject to some kind of selection after apprehensionbefore blood analysis, there are few published data. In a comparable smaller material fromNorway, similar findings, as in the present study, were reported (Christophersen et al,1990). In a Danish study it was found that 5.5 per cent of drivers suspected for drunkendriving only had diazepam/N-desmethyldiazepam in their blood samples (Worm et al, 1985).In another report it was found that every third driver suspected to drive influenced byalcohol had another drug in his urine (Holmgren et al, 1985). Drugs can, however, bedetected in urine for much longer time periods than in blood, long after their influenceof the central nervous system has disappeared. In the present study blood was the onlymatrix analyzed. Our results, therefore, indicate recent use before driving. The frequentdetection of illicit drugs, alone or in combinations, and the finding of supratherapeuticconcentrations of therapeutic drugs in our material was accompanied by almost lack offinding of therapeutic drugs in therapeutic concentrations. Thus drivers on therapeuticdrug regimens seemed to be represented very seldomly in suspicious driving calling theattention from the police. On the other hand these results probably reflect that peoplewho are drug abusers often drive, and then in a way that gives rise to reaction from thepolice. The high concentrations found as well as the frequent detection of combinations inthe present study, indicated that influence of driving ability was likely in the majorityof the cases with detection of psychoactive drugs. Norway is a modern industrialized western European country with a mixture ofurban/suburban and rural population in the ratio 2:3. The size of the country is large(approx. 325 000 km2) compared to the population (4.3 million). The number of vehicles isabout 3 million. The drug problems are considered to be rather below than above theEuropean mean. Our finding that a psychoactive drug other than alcohol is involved inevery third case under suspicion of influenced driving in this country comes from anon-selected, nationwide material. It can therefore probably to some extent be consideredto be representative for other nations also. Differences in the awareness by the police ofthis problem, different legislation and other factors may contribute to variations betweencountries with regard to the real prevalence of the problem as well as to its discovery.Some generalizations appear, however, to be possible to make. The focus on alcohol shouldnot mislead us to forget other drugs that could be present very often in suspectedinfluenced driving cases. Thus a negative or low breath-alcohol test should not be used asthe only measure to free a person from further investigation in suspected driving cases.Accordingly, the look for better tests to discover influenced driving due to other drugsthan alcohol should be intensified. REFERENCES Christophersen, A.S., Gjerde H., Bjrneboe, A., Sakshaug, J. and Mrland, J.Screening for drug use among Norwegian drivers suspected of driving under influence ofalcohol and drugs. Forensic Sci. Int., 45:5-14, 1990. Gjerde, H., Beylich, K-M. and Mrland, J. Incidence of alcohol and drugs in fatallyinjured drivers in Norway. Accid. Anal. and Prev., 25:479-483, 1993. Holmgren, P., Loch, E. and Schuberth, J. Drugs in motorists traveling Swedish roads: Onthe road detection of intoxicated drivers and screening for drugs in these offenders.Forensic Sci. Int., 27:57-65, 1985. Worm, K., Christensen, H. and Steentoft, A. Diazepam in blood of Danish drivers:Occurrence as shown by gas-liquid chromatographic assay following radioreceptor screening.J. of Forensic Sci. Soc., 25:407-413, 1985.



California DWI

DUI Legislation in California, DWI Legislation in California DUI DWI: International Referral Database of DUI, DWI, Impairedand DrunkDriving, Drinking and Driving, Lawyers & Attorneys State orProvince | County | Region | Attorneys | Courthouses | License & Traffic Offices | Legislation | Instruments | Standards | Experts | Articles Add Attorney | Add Courthouse | AddDMV Office | Add Legislation | AddInstrument | Add Standards Home | Debate | AddingYour Firm | Words are used in Canada? DUI | DWI | DrunkDriving | Drinkingand Driving | DUI Laws | DWILaws | Ontariodui | Ontario dui laws | ImpairedDriving | TorontoDUI | BramptonDUI | MississaugaDUI DUI : Driving Under the Influence; DWI : Driving While Intoxicated;OUI: Operating Under the Inflence; OWI: Operating While Intoxicated; ImpairedDriving: Impaired in Canada to Slightest Degree; Over 80: Excess BAC alcohol inCanada over 80 mg/100mL; Care or Control: Occupy seat normallyoccupied by operator in Canada, act or series of acts involving useof car , fittings or equipment Unofficial information about this California legislation is provided bythe following attorney: DUI, DWI & Criminal Legislation in California Vehicle Code , section: 13382 Administrative Driver's License Suspension, Immediate Suspension Upon Arrest (a) If the chemical test results for a person who has been arrested for aviolation of Section 23152 or 23153 show that the person has 0.08 percent ormore, by weight, of alcohol in the person' s blood, or if the chemical testresults for a person who has been arrested for a violation of Section 23140 showthat the person has 0.05 percent or more, by weight, of alcohol in the person'sblood, the peace officer, acting on behalf of the department, shall serve anotice of order of suspension or revocation of the person's privilege to operatea motor vehicle personally on the arrested person. (b) If the peace officer serves the notice of order of suspension orrevocation, the peace officer shall take possession of any driver' s licenseissued by this state which is held by the person. When the officer takespossession of a valid driver's license, the officer shall issue, on behalf ofthe department, a temporary driver's license. The temporary driver's licenseshall be an endorsement on the notice of the order of suspension or revocationand shall be valid for 30 days from the date of arrest. (c) The peace officer shall immediately forward a copy of the completednotice of order of suspension form, and any driver's license taken intopossession under subdivision (b), with the report required by Section 13380, tothe department. For the purposes of this section, "immediately" meanson or before the end of the fifth ordinary business day following the arrest. Comments : DMV License Suspensions For more information on DUI law in California, see CaliforniaDUI , or one of the firm's two websites: DUICentral and DUI Center . DUI Laws and Punishment inCalifornia The 20 Most Frequently AskedQuestions in a DUI Case The 20 MostFrequently Asked Questions in a DUI Case (at the NCDD) Regional legal information can be found at the following sites: Los Angeles DUI San Diego DUI Orange County DUI National College for DUI Defense Updatethis Section | Other Legislation in California Add a Link to a Case orList of Cases for this Section This is not the official web site for the California legislature. Add a Section 184 | DUI DWI Practice Descriptions, Links, andProfiles | DUI DWI Summaries of Law | Searchby Region, County, City | First Appearance inDUI Court DWI Court | MembersOnly | AddYour Firm | Delete | Privacy | For Ontario DUIDWI impaired driving criminal law information please visit www.lawyers.ca See also TorontoDUI For more information respecting this database or to report misuse contact: AllbissLawdata Ltd. , 303-470 Hensall Circle, Mississauga,Ontario, Canada, L5A 3V4. Theauthor and the participants make no representation or warranty whatsoeveras to the authenticity and reliability of the information contained herein.Advertisement.Theselawyers do not practice in association. WARNING: All informationcontained herein is provided for the purpose of providing basic information onlyand should not be construed as formal legal advice. The authors disclaim any andall liability resulting from reliance upon such information. You are stronglyencouraged to seek professional legal advice before relying upon any of theinformation contained herein. Legal advice should be sought directly from aproperly retained lawyer or attorney.



DUI arrest Play video

CNN.com - Bush acknowledges 1976 DUI charge - November 2, 2000 CNN Sites CNN CNN Europe CNNfn CNNSI myCNN CNNfyi AllPolitics Languages Editions | myCNN | Video | Audio | Headline News Brief | Free E-mail | Feedback CNN Sites CNN CNN Europe CNNfn CNNSI myCNN CNNfyi AllPolitics Languages -- Search CNN.com CNNSI.com CNNfn.com TIME.com -- The Web POLITICS TOP STORIES Analysis indicates many Gore votes thrown out in Florida Clinton's chief of staff calls White House over vandalism reports Gephardt talks bipartisanship, outlines differences ( MORE ) TOP STORIES India tends to quake survivors Two Oklahoma State players among 10 killed in plane crash Sharon calls peace talks a campaign ploy by Barak Police arrest 100 Davos protesters ( MORE ) BUSINESS Playing for Iraq's jackpot Coke & smoke bite Dow Sun Microsystems posts tiny profit ( MORE ) MARKETS 4:30pm ET, 4/16 DJIA 144.70 8257.60 NAS 3.71 1394.72 S&P 10.90 879.91 SPORTS Jordan says farewell for the third time Shaq could miss playoff game for child's birth Ex-USOC official says athletes bent drug rules ( MORE ) All Scoreboards WEATHER All cities WORLD Quake help not fast enough, says Indian PM U.S. Bush: No help from Washington for California power crunch LAW Prosecutor says witnesses saw rap star shoot gun in club TECHNOLOGY Napster to launch fee-based service ENTERTAINMENT Can the second 'Survivor' live up to the first? 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Time.com People Money Fortune EW CNN NETWORKS: CNN anchors transcripts Turner distribution SITE INFO: help contents search ad info jobs WEB SERVICES: Bush acknowledges 1976 DUI charge From staff and wire reports WEST ALLIS, Wisconsin -- Texas Gov. George W. Bush acknowledged Thursday that in 1976 he was arrested for driving under the influence of alcohol near his parents' home in Kennebunkport, Maine. Republican presidential candidate George W. Bush admits that he was arrested in 1976 for driving under the influence of alcohol near his parents' home in Kennebunkport, Maine ( 433 K/40 sec. AIFF or WAV sound) Bush, who was 30 at the time, pleaded guilty, paid a $150 fine and his driving privileges were temporarily suspended in Maine. Late Thursday evening, following a campaign rally in this tightly contested Midwestern state, Bush--with his wife, Laura, at his side -- told reportersnews accounts of the incident were accurate, that he had been drinking in a barwith Australian tennis pro John Newcombe and others. "I'm not proud of that. I made some mistakes. I occasionally dranktoo much, and I did that night. I learned my lesson." Bush said he was not jailed after the arrest. "I told the guy (the arresting officer) I had been drinking, what do I need to do? He said, 'here's the fine.' I paid the fine." Bush said the timing of the initial news report, just days beforeAmericans elect a new president, was "interesting." When asked where the storymay have originated, he said, "I've got my suspicions." Campaign aides of Democratic presidential candidate Al Gore andofficials with the Democratic National Committee both said they first learnedof the arrest from news reports Thursday and said it would be inappropriate tocomment on the matter. Gore spokesman Chris Lehane said the vice president learned of thestory while flying from Chicago to a campaign event in El Paso, Texas. Kevin Kelly, news director of WPXT, a Fox television affiliate stationin Portland, Maine, said his station broke the story after one of its reporterslearned of the arrest while covering an unrelated matter at the localcourthouse. "Somebody made a reference to it," Kelly said. The reporter followed upwith phone calls, including one to the Maine Department of Secretary of State. Kellysaid the department responded with a fax that detailed the 1976 arrest. Kellysaid the reporter also talked to the arresting officer, who verified theincident. Kennebunkport Police told CNN on Thursday night that the charge against Bush -- operating under the influence of intoxicating liquor -- was a Class D misdemeanor. Karen Hughes, Bush's spokeswomen said the 54-year-old Texas governor, who has been open about his past drinking problems, had not publicly disclosed the arrest because not even his 18-year-old twin daughters were aware of it. He has said he gave up drinking the day after his 40th birthday. At a campaign appearance Tuesday at a charity center in San Jose,California, that helps people deal with addictions, Bush said, "I was able to sharewith some of the men and women here that I quit drinking in 1986 and haven'thad a drop since then. "And it wasn't because of a government program, by the way -- in myparticular case, because I had a higher call." Hughes told reporters that on the night of the arrest, Bush had beenat a bar in Kennebunkport with three friends and his sister, Dora. After heleft, she said, he was pulled over by police about a mile away from hisparents' home -- apparently because he was driving so slowly. Hughes said Bush now believes drinking and driving is wrong and hasacknowledged, as he did at the time, that what he did that night was a mistake. Hughes said she has known about the incident for a while but Bush'sdaughters found out Thursday evening. Hughes noted that Bush has admitted to past irresponsible behavior which he does not consider a good example to set for children. "The timing of an announcement like this, four or five days away fromthe election about an incident 24 years ago, which the governor's daughtersdon't even know about, is certainly questionable," Hughes said. CNN Correspondent Candy Crowley and contributed to this report. ELECTION LINKS: Full Results VIDEO Election Battle Speeches/ads Video Search Rep. Convention Dem. Convention States: Key Facts Poll Archive Bush/Gore on the issues Pres.Bios What's at Stake Electoral Battle Map Battleground States Follow the Money Who Was In and Who Was Out Debate History Election Battle Facts Florida Who's Who Europe's view Chat transcripts VIDEO U.S. presidential candidate George Bush comments on his 1976 DUI arrest Play video (QuickTime, Real or Windows Media) Bush Spokesperson Karen Hughes admits Bush was arrested on a DUI charge in 1976 Play video (QuickTime, Real or Windows Media) AUDIO Listen to Bush's spokeswoman Karen Hughes discuss the 1976 DUI arrest 340K/32 sec. AIFF or WAV sound THE STATES Who are your elected officials? What is the past presidential vote and number of electoral votes in your state? What are the presidential primary results and exit polls? Find out with these state political and election facts . WHAT'S AT STAKE What's at stake in Election 2000 Senate Overview House Overview Governors Overview Top races for governor Top Senate races Top House races VIDEO Latest video Speeches/ads Celebrities Search BIOGRAPHIES Read biographies of the major presidential and vice presidential candidates. WHERE THEY STAND See where George W. Bush and Al Gore stand on the major issues . RACES If you need to know who's up in 2000 and what seats are open, launch this quick guide . BATTLEGROUNDS Take a look at our interactive map and background briefing on the 'battleground states' -- the states in play for the 2000 presidential election. ELECTORAL MAP View our interactive popup of CNN's electoral vote analysis going into the presidential election. POLLS Dig into our poll archives . COMMUNITY Chat Message boards Feedback WEB WHITE AND BLUE Allpolitics.com is a partner in the Web White and Blue rolling cyber-debate , a daily online exchange among the major presidential candidates. Look for twice-daily updates Sunday through Friday until election day. MORE STORIES: Thursday, November 2, 2000 Bush aides acknowledge 1976 DUI charge Gore says Bush endangers economic progress; Bush blasts veep on Medicare Gay Senate candidate an underdog amid Vermont gay union backlash Tracking poll: Bush maintains slight edge Low voter turnout expected on Election Day Bush winning Wall Street Think you're voting for president? Think again Clinton heads west to beat back GOP gains in California House approves funding for Friday, includes presidential transition funds latimes.com: Gore turns down offer by Clinton to visit critical states Bush victory is the bet in U.S. Treasury market In Vermont, the governor's race may be decided in the Legislature Third-party candidates crowding onto ballots NAACP plans U.S. election day broadcasts from polls Battle for US Congress heads toward wild finish Adamses and Bushes, U.S. political families Crucial neck-and-neck House race in Washington Carter endorses Gore, calls him 'man of character' Clinton calls Gore next-best thing to a third term Bush or Gore may name first Hispanic to Supreme Court Chicago City Council passes proposal to recite Pledge of Allegiance Clinton signs two bills to help veterans News organizations ask Clinton to veto classified leaks bill Poll: Gore lead in California cut in half in October ARCHIVES Search CNN.com CNNSI.com CNNmoney.com TIME.com -- The Web Back to the top © 2001 Cable News Network. All Rights Reserved. Terms under which this service is provided to you. Read our privacy guidelines .



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